SCHADLER v. ZONING HEARING BOARD OF WEISENBERG TOWNSHIP


850 A.2d 619 (2004)

Timothy J. SCHADLER, Appellant v. ZONING HEARING BOARD OF WEISENBERG TOWNSHIP, Appellee. Weisenberg Township (Board of Supervisors), Intervenor.

Supreme Court of Pennsylvania.

Decided May 14, 2004.


Attorney(s) appearing for the Case

Jon A. Swartz, Charles E. Zaleski, for Timothy J. Schadler.

John Edward Roberts, Allentown, for Weisenberg Township Board of Supervisors.

Maria C. Mullane, Allentown, for Zoning Hearing Bd. of Weisenberg Tp.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.


OPINION

Justice NIGRO.

We granted allowance of appeal in this zoning case to determine whether the Commonwealth Court erred in finding that a challenge to the validity of a zoning ordinance based on procedural defects in the ordinance's enactment was time-barred because it was filed more than thirty days after the ordinance's nominal effective date. For the following reasons, we hold that the court did err and we therefore reverse.

Appellant...

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